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The Pynchon Court Record

Joseph H. Smith, ed., Colonial
Justice in Western Massachusetts (1639-1702): The Pynchon Court Record,
An Original Judges' Diary of the Administration of Justice in the
Springfield Courts in the Massachusetts Bay Colony (Cambridge:
Harvard University Press, 1961).

[*203]

[*2] February the 14th 1638
[1639].

We the Inhabitantes of Agaam uppon
Quinnettecot takinge into consideration the manifould inconveniences
that may fale uppon us for want of some fit magistracy amonge us: Beinge
now by Godes providence fallen into the line of the Massachusets
Jurisdiction: and it beinge farr of to repayer thither in such cases of
justice as may often fall out amonge us doe therfore thinke it meete by
a generall consent and vote to ordaine (till we receive further
directions from the generall court in the Massachuset Bay) Mr. William
Pynchon to execute the office of a magistrate in this our plantation of
Agaam viz .

To give oathes to Conestables or
military officers to direct warrantes, both processe executions and
attachmentes, to here and examine misdemenors to depose witnesses and
uppon profe of misdemenor to inflict corporall punishment, as whipping
stockinge byndinge to the peace, or good behaviour, and in some cases to
requier sureties, and if the offence requier to commit to prison and in
default of a common prison to comit delinquentes to the charge of some
fit person or persons till justice may be satisfied, Also in the Tryall
of actions for debt or trespasse, to give oathes, direct juries depose
witnesses, take verdictes and keepe Records of verdictes, Judgmentes,
executions: and what ever else may tend to the Kinges peace, and the
manifestation of our fidellity to the Bay Jurisdiction and the
restraininge of any that shall molest Godes lawes: or lastely whatsoever
else may fall within the power of an assistant in the Massachuset.

It is also agreed uppon my a
mutuall consent that in case any action of debt or trespasse to be tryed:
seinge a Jury of 12 fit persons cannot be had at present among us: That
six persons shall be esteemed and held a sufficient Jury to try any
action under the some of Ten pounds till we shall see cause to the
Contrary and by common consent shall alter this number of Jurors or
shall be otherwise directed from the Generall Court in the Massachusets.

John Cable is chosen and sworne to
execute the office of a Constable in this place for a year or till
another shall be chosen in his roome.

[*204]

[*4] December 12 1639.

John Woodcock beinge sommond by
warrant to answer Mr. George Moxon in an action of slander for reporting
that he tooke a false oath against him: The said John desyred that this
difference might be tried by a private hearinge below in the River: Mr.
Moxon referred himselfe to the Judgment of the plantation present [*5]
present whether it were fitter to be heard by a private refference below
in the River, or tryed here publikly by a Jury. The generall voa[t] of
the plantation is that seeing the matter is publike it should be
publikly herd and tryed her by a Jury: Liberty is granted to John
Woodcoke to produce his witnesses against this day fortnight being the
26 of December. Also at the said tyme John Woodcoke is warned to answer
for his laughinge in Sermon tyme: this day at the Lecture.

Also he is then to answer his
misdemenor [of] idlenesse.

The meeting on the 26 of December
is deferred till the 2d of January 1639 [1640].

[*205]

1639 [1640] January 2d.

George Moxon complai[nes] against
John Woodcoke in an action of slander that he saith that John Woodcoke
doth report that he tooke a false oath against him at Hartford and he
demandes of John Woodcoke for the said sland[er] 9£ 19s.

1. Thomas Horton complaines
against Thomas Mericke in an action of the case for not doinge a
sufficient dayes worke for the wages of a day.

2. The said Thomas Horton
Complaines against Thomas Mericke in an action of the case for taking
away certaine planks or boardes.

[*206] 3. the said Thomas
Horton complaines against Thomas Mericke in an action of the case for
felling of two trees in the lot of Thomas Horton.

4. For changing of 4
bushells of corne after it was delivered.

1. Thomas Merick complaines
against John Woodcoke in an action of debt of 2s 6d.

2. Also in another action of the
Case for two bushells of corne that was delivered into his possession:
and about two bushells more that he is to be accountable for.

[*208]

[*12] October 9. 1640.

The Examination of Widdow Horton
about selling of her husbands peice to the Indians.

She saith that she hath not sould
it but she confesseth that she lent it to an Indian for it lay spoilinge
in her seller, but she saith that the Indian is suddenly to bring it
againe and he hath lost about six fatham of wampam in pawne for it: and
she saith that she knew of no order against it and doth promise to take
it home againe: she cannot tell the Indians name but saith it is an
Indian of Agaam.

I tould her if she would speedily
get it home againe or else it would cost her dere for no commonwealth
would allow of such a misdemenor.

[*209]

January the 11 1640 [1641].

It is ordered that John Hobell
shall be well whipt by the Constable for two misdemenors first for
proceeding to get promises of Marriage from Abigall Burt, after that
both he and she had been prohibbited by her Father severall tymes, and
also for offeringe and attemptinge to doe the act of fornication with
her as they both confesse though as far as we can discerne by any proofe
of Justice the act was not don.

Also Abigall Burt is found guilty
in both the said faultes and is also to be well whipt by the Constable
for the said faultes:

[*13] February the 15. 1640
[1641].

Robert Ashly complaines against
John Woodcooke in an action of the case for a gunn that he bought of him
and paid him 22s 6d for it yet the said John Woodcoke did not deliver it
to him accordinge to bargaine.

Also Robert Ashly complaines
against John Woodcok in an action of the case for not breaking up of
certain ground for planting according to bargaine.

In the first action the Jury find
for the plaintife 22s 6d and in costes 4s.

The 2d action John Woodcoke doth
acknowledge it his dew to brake up the said ground and doth bynd over
some of the Swine that he hath now in the hands of Thomas Mirick for the
performance of the said ground in case it for not don before the first
of Aprill, then he doth promise to allow for the damage out of the said
swine as two indifferent neighbors shall prise the said swine and so to
pay as much as the workmanship of the said ground shall be valued at.

After the Jury had given in their
verdict John Woodcoke denied that Robert had paid for the said gunn
notwithstanding the action was [illegible] before him and he
never denied it: but I offered him a new tryall by a writ of error if he
would present it.

Goody Gregory hearing him denie
that he was paid testified uppon oath that she heard John Woodcock say
[*14] that he did not owe above as 2s 6d in the plantation she said that
she replied thus to John Wookcocke that she heard Robert say that John
Woodcock ought him between 30 and 40s. Then John Woodcok answered that
Robert was a pratinge fellow for he had set of his gunn and now he did
not owe him past 7 or 8s: Also Henry Gregory testified uppon oath that
he heard him speak the same to his wife.

Goody Gregory being accused by
oath of John Woodcoke and Richard Williams [*210] for swearing
before God I could break her head: she did acknowledge it was her great
sin and fault and saith she hath bin much humbled for it:

She is fined 12d to the pore to be
paid to Henry Smyth within a month: or if she doe not she is to sit 3
houers in the stocks.

[*15] August. 7. 1641.

Know all men that whereas there is
a mariage shortely intended betweene the widdow Horton and Robert Ashly
both of Springfeild: That the said widdow Horton in the presence of
Robert Ashly doth assigne and set over her house and house lott
conteininge about eleven akers and 4 akers of woodland afore the house
Eastward all which is valued now at Twelfe pounds: and all her hoggs
litle and greate which are valued at eighteene pounds all together are
valued at Thirty pounds into the hands of Robert Ashly for the use and
behafe of her two sonns one sucking and the other about Three years ould
caled Jermy to be paid to them that is to say to eather of them fifteene
pounds apeice when they shall come to the age of Twenty and one yeares:
and the said Robert is to have the use and profits of the said land and
hogges for the educatinge of her said Two sonns: and when they shall
come to the age of 13 or 14 yeares the said Robert doth promise to put
them out as apprentises to some usefull trade such as they shall like
of: and if they cannot be put out without a portion of mony then so much
is to be deducted out of their portion of 15£ apeace as shall be
indifferently judged fitt for their bynding out: and for the rest of the
said 15£ apeace the said Robert doth bynd himselfe his land goods and
cattell to pay to them when they shall come to the age of .21 years: and
in the meane tyme doth bynd himselfe to maintaine the present house and
fencinge and if he shall leave it in better case than it is at present
then he then shall injoy it shall pay such cost as shall be judged to
make it better for his use by indifferent parties and if one of the two
sonns of the widdow Horton shall die before the age of 21 yeares then
the other shall have his portion also: and the widdow Horton being
present before me at the wrighting hereof doth acknowledge that this is
her will and meaninge and that she is fully consenting to what is above
expressed and the said Robert Ashly being also present doth acknowledge
that [*16] he is fully consentinge to all that is above expressed: and
uppon this their mutuall Consent I have given them leave and liberty to
proceed in marriage when they please: and the Inventory of her goods I
have hereunto annexed as they were apprised under the hands of Samuell
Wright and Samuell Hubbard.

William Pynchon

[*211]

An Inventory of the Goods and
Cattell of the widdow Horton of Springfeild this first July 1641 we
whose names are underwritten do value things as followeth

Imprimis for all her linnen brasse
pewter beddinge vessels and other

implements 17£ .0 .0

her hoggs litle and greate as they
were rated by

the appriser of the Towne Rate 18
.0 .0

her house and houselot 12 .0 .0

Samuell Wright

Samuell Hubbard

[*212]

[*18] A coppie of Record: of the
last will and testament of John Searles of Springfeild dated the 21th
day of the 10 month 1641 Recorded this 20 of the 2d month 1642.

I John Searles beinge very
sicke in body doe make my last Will and Testament in manner and fourme
followinge first I give to my brother in law William Warrener my best
coate and my cullored hatt: and whereas in some reckonings betwixt him
and me he owes be betwixt three and fower poundes: if he pay fortie
shillinges therof I am content that all the rest shall be remitted: The
rest of my estate I devide betwixt my wife and my child equally: and doe
appoint that my wife shall have for her use till my child come to the
Age of 20 yeares that portion belonginge to my Sonn John Searles in
consideration of his maintenance and education Provided that before she
marry againe she shall give or in her behalfe cause to be given
sufficient security for the payment of my childes portion which security
shall be given to Mr. Moxon my brother Timothy Bawldwin and Samuell
Wright whom I doe intrust to be overseers for the performance of this my
last will:

witnesses hereof Henry Smyth,
Elitzur Holioake

[*19] A Coppy of the inventory of
the Goods and Chattayles of the late deceased John Searle taken the 8
Feb: 1641 [1642].